03-28-2022 03:55 PM
This is interesting. A company just reported me for selling a counterfeit item of theirs and had my listing removed with the vero policy. The item is not counterfeit,... that company just doesn't want anyone else selling their overpriced merchandise. I am going to write them a nasty email lol
03-28-2022 04:02 PM
For what it's worth... I don't think the company is reporting you for selling a counterfeit, I think the company is reporting you for infringing on their rights.
03-28-2022 04:05 PM
Hello 101retro,
Thank you for posting on the ebay seller board.
I'm soooooooo sorry this has happened to you.
Let me give you a big *hug* from Hawaii. I hope that helps. 😃
If it makes you feel any better, the exact same thing happened to me once too.
I didn't think that mine were counterfeit either.
Well I truly and sincerely hope you can work things out.
Have a great day!
Aloha,
inhawaii
03-28-2022 04:08 PM
03-28-2022 04:51 PM
@mtgraves7984 wrote:For what it's worth... I don't think the company is reporting you for selling a counterfeit, I think the company is reporting you for infringing on their rights.
Making a baseless claim to selling counterfeit products is the easiest way for a corporation to abrogate your rights to the first sale doctrine. Since corporations usually have either an in-house lawyer or a lawyer on retainer while small sellers have no affordable avenue towards legal counsel, Ebay capitulates to the complaining corporation and removes your listing. It has become a common occurrence. Resistance is futile as corporate America is the earth-bound Borg collective.
03-28-2022 05:04 PM
@inhawaii wrote:Hello 101retro,
Thank you for posting on the ebay seller board.
I'm soooooooo sorry this has happened to you.
Let me give you a big *hug* from Hawaii. I hope that helps. 😃
If it makes you feel any better, the exact same thing happened to me once too.
I didn't think that mine were counterfeit either.
Well I truly and sincerely hope you can work things out.
Have a great day!
Aloha,
inhawaii
LMAO 😄 You're very good at the coddling.
03-28-2022 05:05 PM
This has happened to me on my selling account, too. The items weren't counterfeit and I even had the serial number shown in the listing.
If the takedown notice contained a contact email, then definitely try writing to them. Many companies won't respond. Some only include an unmonitored email address in the VeRO takedown notice, so you may not have any way to get in touch with a human. But other companies are more professional and will include a real email address you can write to and maybe even receive a response. So be polite and simply explain what happened. Some companies use automated systems to flag listings for VeRO takedowns, so it may have just been a computer mistake, rather than anything intentionally malicious.
The company that filed the takedown has access to a saved copy of the listing, so don't worry about the fact that it was pulled from eBay and no longer publicly viewable. They can look it up on their end and see the original listing, including the photographs.
I've successfully had listings reinstated several times this way after they were removed for bogus VeRO counterfeit notices. Sometimes it took over a month though for the companies to respond. Other times there's no way to reach anybody at the company, so there's really nothing you can do in those instances.
03-28-2022 05:18 PM
Except that according to their TOS ebay is supposed to reinstate the listings if there is no response from the company, but how do you prove to ebay you emailed with no response?
Also doesn't stop their bots taking it down yet again.
03-28-2022 06:04 PM
Actually, its likely the company that reported them is violating the OP's rights by lying to ebay about the item being counterfeit. This is fraud and defamation, the seller can sue.
I had a brand attack me last year over a pet related product they claimed was counterfeit. Too bad I have the invoice that shows it was purchased directly from the distributor that is licensed to sell their products.
03-28-2022 06:09 PM
Brands do this because they have no other legal recourse to take your listing down. You have the right by the laws of this nation to resell anything you buy. While retailers often have written agreements with brands that limits how they can sell a product, those rules do not apply to consumers.
While ebay has the right to remove the product, brands have no legal right to lie about your product being counterfeit, they're committing fraud by doing so.
03-28-2022 06:26 PM
The purpose of the VERO program is to protect eBay from being entangled in litigation if one of its sellers either inadvertently or intentionally infringes on a rights owner's rights. While it is possible that the party alleging the infringement may be doing so in order to keep their items from being sold on eBay, there is no way for eBay to determine that and thus they are required to take down the alleged infringing listing. When that happens the seller whose listing is taken down, needs to handle the matter directly with the alleged rights owner.
03-28-2022 06:31 PM
@gamersbaystore wrote:Actually, its likely the company that reported them is violating the OP's rights by lying to ebay about the item being counterfeit. This is fraud and defamation, the seller can sue.
I had a brand attack me last year over a pet related product they claimed was counterfeit. Too bad I have the invoice that shows it was purchased directly from the distributor that is licensed to sell their products.
Actually, although the listing has been removed under the VERO program, thus protecting eBay, the seller could still find themselves in court facing litigation for infringement since the alleged infringement has already occurred. Whether the seller is actually guilty of said infringement would then be up to the courts to determine.
03-28-2022 06:46 PM
...go tell China sellers with all the counterfeit goods...their listings are still active...are they exempted from VERO program...???
03-28-2022 07:33 PM
I see a lot of replies.......
Personally I don't give an opinion on anything when all I have to go on is "A Company" and "The Item".
Not in any way disputing the fact that IP owners abuse the DMCA every day and in massive numbers.
03-28-2022 08:55 PM
VERO has no legal basis in a court of law. It is a system ebay uses to manage trademark/copyright claims. Having a listing removed by VERO is not proof that anyone's trademark/copyright was infringed upon.
VERO is heavily abused by brands too. Brands dont have a right to tell you not to sell their product, so many result to filing bogus counterfeit claims with VERO to have listings removed. It obviously wouldn't be in the brand's best interest to drag the people they defrauded into court.
After reading thru the Shop Safe Act, it looks like there's going to be more serious consequences for those who file fake counterfeit or trademark infringement claims, and there should be.